IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 14936 of 2023 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK ================================================================

Approved for Reporting Yes No ================================================================

RAMABHAI MOTIBHAI BHARWAD Versus GUJARAT INDUSTRIAL DEVELOPMENT CORPORATION (GIDC) & ANR.

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Appearance:

MR MA PAREKH(1088) for the Petitioner(s) No. 1 MR.SUNIL B DAVE(9936) for the Petitioner(s) No. 1 MS SHRUTI S PATHAK(5619) for the Respondent(s) No. 1,2 ================================================================

CORAM:HONOURABLE MR. JUSTICE HEMANT M.

PRACHCHHAK Date : 10/03/2026

JUDGMENT

1. RULE returnable forthwith. Ms. Shruti Pathak, learned counsel for the respondents waives service of notice of rule on behalf of the respondent. With the consent of the learned counsel for the respective parties, the present petition is taken up for final hearing today.

2. Present petition is filed by the petitioner under Articles 14 and 226 of the Constitution of India read with the provisions of Gujarat Regularization of Unauthorized Development Act, 2022 seeking following reliefs:

“A) Admit/allow the present petition, in the interest of justice;

B) Be pleased to quash and set aside the impugned communication issued by the Resp. No.1 which was received by the petitioner on dtd: 31/12/2022, forthwith, in the interest of justice;

C) Be pleased to issue a writ of Mandamus or a Writ of Certiorari or any appropriate writ or order or Direction and by directing the Resp. No.1 and 2 to accept an application regarding GRUDA Ordinance No. 3 of 2022, in the interest of justice;

D) Be pleased to issue a writ of Mandamus or a Writ of Certiorari or any appropriate writ or order or Direction & direct the concerned officer of the Respondent Corporation i.e. Respondent No.1 to adopt the Ordinance called Gujarat Regularization of Unauthorized Development, 2022 as it is applicable to Unauthorized Development in the Municipal Corporation Aras, Nagarpalika Areas & development Areas in the state of Gujarat forthwith, in the interest of justice;

E) Be pleased to issue a writ of Mandamus or a Writ of Certiorari or any appropriate writ or order or Direction & direct the concerned officer of the Respondent Corporation i.e. respondent No.1 to Regularize Unauthorized Construction constructed in the premises known as LIG-II-2/25 Quarter situated in the Estate of Respondent GIDC as the petitioner is Ready and willing to furnish the impact fee as per the measurement of Unauthorized Construction & Impact Plan, forthwith, in the interest of justice;

F) Be pleased to issue a writ of Mandamus or a Writ of Certiorari or any appropriate writ or order or Direction & direct the respondents to Insert the name of the petitioner as owner /occupier in the record of premises known as LIG-II-2/25 quarter, situated in the Estate of Respondent GIDC, forthwith, in the interest of justice;

G) Pending, admission, & final disposal of the present petit, be pleased to issue a writ of Mandamus or a Writ of Certiorari or any appropriate writ or order or Direction and be directing to the Respondents, their men, agents, servants or assignees from removal OR demolish any part of Residential Premises bearing Quarter NO. LIG-II-2/25, forthwith OR to Grant Status-Quo, in the interest of justice.

H) Any other and further reliefs may kindly be granted in the interest of justice.”

3. Brief facts giving rise to the present petition are that, the petitioner is challenging the impugned communication dated 31.12.2022 issued by the respondent No.1, whereby the respondent has turned down the request made by the petitioner to regularize the unauthorized construction in the premises known as LIG-II-2/25 Quarter, whereby, it is stated that the Ordinance regarding Gujarat Regularization of Unauthorized Development (GRUDA) is not applicable to Guja